This third part of our four-part series on using synthetic data to train AI models explores the interplay between synthetic data training sets, the EU Copyright Directive and the forthcoming EU AI Act.

This second part of our four-part series on using synthetic data to train AI models explores how the use of synthetic data training sets may mitigate copyright infringement risks under EU law.

On 9 December 2023, trilogue negotiations on the EU’s Artificial Intelligence (“AI”) Act reached a key inflection point, with a provisional political agreement reached between the European Parliament and Council.  As we wait for the consolidated legislative text to be finalised and formally approved, below we set out the key points businesses need to know about the political deal and what comes next.

This is the first part of series on using synthetic data to train AI models. See here for Parts 23, and 4.

The recent rapid advancements of Artificial Intelligence (“AI”) have revolutionized creation and learning patterns. Generative AI (“GenAI”) systems have unveiled unprecedented capabilities, pushing the boundaries of what we thought possible. Yet, beneath the surface of the transformative potential of AI lies a complex legal web of intellectual property (“IP”) risks, particularly concerning the use of “real-world” training data, which may lead to alleged infringement of third-party IP rights if AI training data is not appropriately sourced.

On 27 April 2023, the European Commission (the “Commission”) proposed a new regulation on the licensing of standard essential patents (the “Proposal”).[1]  The objective of the Proposal is to facilitate standard essential patent (“SEP”) licensing negotiations by providing clarity on several aspects: transparency as to who owns SEPs and which SEPs are essential; transparency on fair, reasonable and non-discriminatory (“FRAND”) terms and conditions; and dispute resolution for the determination of FRAND terms.[2]  

What You Need To Know

  1. From 1 June 2023, a new EU unitary patent system (UPS) will become fully effective. A unitary patent (UP) is a European patent granted by the European Patent Office (EPO) to which, at the patent owner’s request, unitary effect is given for the territory of the EU Member States that have ratified the Unified Patent Court Agreement – currently, 17 EU Member States. UPs give patent owners uniform protection across participating EU Member States, removing the need for national validation procedures as well as individual national enforcement in each EU Member State.

On 15 March 2023, the UK ICO published an update to its Guidance on AI and Data Protection (the “Guidance”), following requests from the UK industry to clarify requirements for fairness in artificial intelligence (“AI”).  The Guidance contains advice on the interpretation of relevant data protection law as it applies to AI, and recommendations on good practice for organisational and technical measures to mitigate risks caused by AI.

In light of the increasing prevalence of automated “self-driving” vehicles, the Law Commissions of England and Wales and Scotland published a joint report on automated vehicles at the beginning of last year, which is currently before the UK Parliament for consideration. The report recommends the introduction of a new Automated Vehicles Act specifically to regulate automated vehicles and recalibrate legal accountability for their use.